Documentary Evidence, 10th Edition

Documentary Evidence guides you through the ways in which you should submit, analyse and present documentary evidence when in civil litigation. Discussing in depth the key principles and problem areas of disclosure you can be sure that nothing is missed.

• Provides a comprehensive guide to the principles, obligations and protections of disclosure, legal professional privilege and other aspects of evidence in the form of documents
• Discusses in depth the key principles and problem areas of disclosure, and how to raise, or combat, the available defences against it
• Advises on how to obtain, assess and manage the documents needed and how to identify the key issues
• Analyses the extent of the powers of regulatory or public bodies to obtain or disclose documents
• Discusses how the Civil Procedure Rules have changed the position on disclosure in important respects – from pre-action protocols and powers, to objections to disclosure and inspection, to the practicalities and problem areas of CPR disclosure, to the failure and abuse of disclosure obligations
• Sets out the rights of access to documents, including those held by companies, trusts, partners, receivers and agents, as well as access to court documents, and the means by which data can be accessed
• Explains fully the nature of legal professional privilege – what rights different types of privilege provide, their breadth and limits, when and how to claim or waive them
• Describes the issues and obligations of confidentiality, including the development of the “collateral undertaking”, or proscriptions against the misuse of information obtained through disclosure, both prior to and under the CPR
• Discusses how to deal with international elements of a case, such as witnesses out of the jurisdiction, evidence in the jurisdiction for foreign proceedings, discovery proceedings abroad, documentary orders against foreign entities, the powers of and principles applied to by the English court and the application of foreign law
• Authored by a renowned QC Charles Hollander, who provides detailed analysis, practical advice and robust views often derived from cases in which he has been personally involved